Former public servant loses free speech case over anonymous tweets

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The High Court has unanimously ruled that the government can impose restrictions on what public servants can say, without violating implied free speech.

A former federal public servant who tweeted anonymous comments critical of the Immigration Department could not rely on the implied freedom of political communication to challenge her dismissal, the High Court has ruled in a landmark free speech case.

In a joint judgment, Chief Justice Susan Kiefel and Justices Virginia Bell, Patrick Keane and Geoffrey Nettle made clear the implied freedom of political communication was not "a personal right like the freedom of expression", such as that guaranteed by the First Amendment in the US Constitution. Ms Flood said an even more "draconian" social media policy was released in 2017 and prohibited public servants "liking" or sharing critical posts.

But they said that "as a rule of thumb, anyone who posts material online, particularly on social media websites, should assume that, at some point, his or her identity and the nature of his or her employment will be revealed".

 

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The woman is a twit. Over-riding principle of empoyment: Don't bite the hand that feeds you. She did. The woman should be jailed.

Australia 2019

One rule for one one for others

It’s bullshit. HighCourtofAus has betrayed Australian citizens & given our fascist government yet more power. The judiciary is as corrupt as the other two arms of govt & we are entirely without justice. We need mass civil disobedience.

You can’t bite the hand that feeds you! If you want to criticise the one who pays you then you have one option, resign.

Yeah. No. Sad day. Dangerous precedent.

What about normal people.

They can,they do it,they are the law ,they making the laws,they protecting them selves.THat`s why WorkSafe will never be accountable for they missconduct against workers,the public,to the big benefits of business.that`s my understand of the facts.Why the Scott Gov. hide the truth

I would like to know how they found out she was the source of anonymous tweets

Imagine if this was China what would the headlines be like

Well I’m assuming the lefties will be rejoicing in the streets, they love silencing people’s opinions. Dangerous times

Bismark's Royal Rescript of 1882 comes to mind

It’s ok freedom boy Tim (franking credits) Wilson will ride in to rescue us! auspol

What about state public sector employees commenting on Commonwealth agency decisions/policies; or vice versa? Where's the line in the sand? HCA decision has created a nightmare.... auspol

Shh they are listening

'The public service' involves a range of agencies. Does this mean you cannot even comment about agencies you don't work for? Ridiculous.

you can say what you like, but don't expect to be immune from the consequences.

The Australian government becomes more totalitarian each day

So how many public servants (many senior) will be sacked for endorsing political party decisions eg introduction & effectiveness of Robodebt? Returning all Australian defence forces from Afghanistan? That ruling seems to state the Public Servant would have breeched the ruling!

Booooo!

The murky waters of free speech just get murkier

oh well, it appears the High Court is helping the Government hide information from the people of this Nation,, that is how it looks to me, so that is why i have this opinion,, i could be wrong

Uh huh. So MfB firefighters who regularly troll for the UFU and who make public statements including bringing their organisations into disrepute will now have to toe the line even though they’ve put in their EBA that paid fireys can just ignore This policy?

So like Ruby Union then

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Former public servant Michaela Banerji loses High Court free speech caseMichaela Banerji was the author of tweets criticising the government's asylum seeker policies, written from 2012 under the pseudonym 'LaLegale', before she was detected and later outed by the Immigration Department. If there is an applied 'a political' status on the public service then surely that implies that past politicians cannot be appointed to any public service or commission role. Does it also not imply that the public service should always act in a non political role. AlboMP KKeneally TimWattsMP SenatorWong MRowlandMP michellegrattan albericie leighsales Need to consider if any public servant who works in Treasury tweeted (including anonymously )about Labor Death Tax during the election leadup and during caretaker mode Wonder how many public servants from Treasury tweeted anonymously that lie about Labor Death Taxes. Questions re anonymous ID issue on Social media Facebook, Twitter, Google, insta, blogs and without ID accuracy proving illegal activity AlboMP TimWattsMP
Source: smh - 🏆 6. / 80 Read more »

Former public servant Michaela Banerji loses High Court free speech caseMichaela Banerji was the author of tweets criticising the government's asylum seeker policies, written from 2012 under the pseudonym 'LaLegale', before she was detected and later outed by the Immigration Department. If there is an applied 'a political' status on the public service then surely that implies that past politicians cannot be appointed to any public service or commission role. Does it also not imply that the public service should always act in a non political role. AlboMP KKeneally TimWattsMP SenatorWong MRowlandMP michellegrattan albericie leighsales Need to consider if any public servant who works in Treasury tweeted (including anonymously )about Labor Death Tax during the election leadup and during caretaker mode Wonder how many public servants from Treasury tweeted anonymously that lie about Labor Death Taxes. Questions re anonymous ID issue on Social media Facebook, Twitter, Google, insta, blogs and without ID accuracy proving illegal activity AlboMP TimWattsMP
Source: smh - 🏆 6. / 80 Read more »